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JOHNSTON v. ELKINS

No. 60,079

241 Kan. 407 (1987)

736 P.2d 935

STANLEY C. JOHNSTON and MARY A. JOHNSTON, Appellants, v. ROBERT L. ELKINS, M.D., and COMMUNITY GROUP HEALTH PLAN, Appellees.

Supreme Court of Kansas.

Opinion filed May 1, 1987.

Attorney(s) appearing for the Case

Loren W. Moll, of Brown, Koralchik & Fingersh, of Overland Park, argued the cause, and James F. Davis, of the same firm, was with him on the brief for the appellants.

Bruce Keplinger, of Payne & Jones, Chartered, of Overland Park, argued the cause and was on the brief for the appellee Robert L. Elkins.

Richard T. Merker, of Wallace, Saunders, Austin, Brown, and Enochs, Chartered, argued the cause, and Laura K. Simpson, of the same firm, was with him on the brief for the appellee Community Group Health Plan.

The opinion of the court was delivered by

MILLER, J.:

The plaintiffs, Stanley C. Johnston and his wife Mary A. Johnston, appeal from the entry of summary judgment against them and in favor of the defendants, Robert L. Elkins, M.D., and Community Group Health Plan. Essentially, this is a malpractice action arising out of an unsuccessful bilateral vasectomy performed by Dr. Elkins on Mr. Johnston. Dr. Elkins tested Mr. Johnston after the surgery and informed...

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